The above-captioned case was scheduled for hearing on June 10, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Filippi, Coutu and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 10, 2003 hearing on this matter, the Board was advised and finds that the subject facility is a newly constructed Shaw’s Supermarket.  The Applicant is seeking relief from full compliance with NFPA Standard 10 for the placement of portable fire extinguishers within this facility.  Specifically, there is an absence of columns or other suitable locations within the sales floor that are within the seventy five (75) foot minimum spacing required by the Code.  The Applicant has proposed a fire extinguisher plan laid out on Plan Sheet 182-X1.1.  The Providence Fire Marshal’s office has no objection to this plan which would provide twenty seven (27) portable fire extinguishers, twenty-three (23 )ABC and four (4) Special Hazard fire extinguishers.  The Applicant is further requesting approval for the issuance of a temporary certificate of occupancy for this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant’s requested variance from the provisions of NFPA Standard 10, 1994 edition, in order to allow the Applicant to utilize the proposed fire extinguishers layout as listed on plan sheet 182-X1.1.
	
2.  In light of the above, the Board hereby authorizes the Providence Fire Marshal’s office to issue a temporary certificate of occupancy to allow the employees of this facility to begin stocking the shelves in anticipation of the full certificate of occupancy.
 
STATUS OF DECISION AND APPEAL RIGHTS
	
This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See:  Board Rules and Regulations, section 6-2-17).
	
Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
 
The Applicant may appeal the Board’s Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].